Mara v Tems Meat Wholesalers (JS 25/2021)
Mara v Tems Meat Wholesalers (JS 25/2021) [2024] ZALCJHB 6 (19 January 2024)
The Court found that the applicant failed to prove that he was coerced or acted under duress when signing the mutual separation agreement. The evidence did not demonstrate actual violence or reasonable fear caused by considerable evil, nor did the applicant immediately raise any complaint of coercion. The applicant had the opportunity to refuse to sign but chose not to. The agreement was entered into in full and final settlement of all claims, and the applicant accepted its terms. As such, the settlement agreement is valid and binding, and the fairness of the dismissal does not arise. The app…
Source excerpt
- Automatic Unfair Dismissal
- Duress In Settlement Agreement
- Early Retirement
- Mutual Separation
- Contractual Principles
- Discrimination On Age